Sunday, October 2, 2011

CAN MY SPOUSE BRING UP MY CHEATING IN A DIVORCE CASE?

QUESTION: Over 10 years ago I had an affair. I confessed to my husband and he stated he forgave me. We continued our relationship and had 2 children. We have grown apart and I have discovered that he really has not forgiven me. Can he still bring this up during divorce proceedings and hold it against me thus affecting settlement?

MY RESPONSE:

Likely not – your cheating is irrelevant. California has a "no-fault" divorce law.

All that is required as grounds for a divorce are "irreconcilable differences".

The Court would not ordinarily allow testimony about your affair, so it shouldn't affect settlement.

However, if your husband can prove that you spent community funds on your lover, your husband could seek to recover his ½ community share of those funds.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

No comments: